Negligence – Malpractice

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WI Court of Appeals – District III

Case Name: Mary V. Swanson v. Gerald O. Gatzke, D.D.S., Inc., et al.

Case No.: 2018AP305

Officials: Lundsten, P.J., Sherman and Blanchard, JJ.

Focus: Negligence – Malpractice

This is an appeal and cross-appeal of a money judgment entered in favor of Mary Swanson by the circuit court following a jury trial in which the jury returned a verdict in favor of Dr. Gerald Gatzke. Swanson, a former patient of Dr. Gatzke’s, sued Dr. Gatzke for dental malpractice. Dr. Gatzke admitted that he was negligent in his treatment of Swanson, but argued that Swanson’s own negligence contributed to her injury. The jury found that Swanson was negligent and apportioned liability at 60% to Swanson and 40% to Dr. Gatzke. Swanson moved the circuit court for a new trial. The court denied Swanson’s motion but sua sponte changed the jury’s apportionment of liability to 50% each. We conclude that the court erred in changing the jury’s apportionment of negligence, but affirm the court’s denial of Swanson’s motion for new trial.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.